First National Bank and Trust Company of Rochelle
First Online Internet Banking Agreement
- This agreement states the terms and conditions that apply when you use our Internet banking service, First OnLine. These terms and conditions are in addition to those that apply to any accounts you have with us or any other services you obtain from us. You must also follow all of our instructions and procedures applicable to the services covered by this agreement. You agree that continued use of First OnLine Internet Banking Service by logging into, viewing, or performing transactions implies full and complete acceptance of this agreement.”You” and “your” mean each person who establishes a First OnLine Account with us or who uses or is authorized to use a First OnLine customer identification number and password or other means of access we establish or approve. A First OnLine Account may be individual or joint. “We”, “us”, and “our” mean the First National Bank & Trust Company of Rochelle.
- The term “First OnLine” means our service that allows you to transfer funds, review transactions and perform other transactions over the Internet by use of a personal computer and modem and/or other means we authorize or allow. At your request, bill payment features may also be added to your First OnLine service.
- The term “Internet Bill Pay Account” means any qualifying checking account that you designate as an account you will use to pay bills on the internet. Your Internet Bill Pay Account(s) will be a part of your First OnLine account package.
- The term “merchant” means any business, company, individual, or other third party that we agree to establish as a payee for you, and includes us when you are making payments to us.
Customer Identification Number and Password
To access our First OnLine service, you must use your UserID and password. Keep your UserID and password confidential to prevent unauthorized use and loss to your accounts. Anyone to whom you give, or who otherwise obtains, your First OnLine UserID and password or other means of access will have full access to your accounts even if you attempt to limit that person’s authority.
Internet Bill Pay
To use the internet bill pay feature of your First OnLine Account, you must designate one or more qualified checking accounts with us as an “Internet Bill Pay Account”. You may not designate any account that requires more than one signature for withdrawals. You must be the owner of this account. If you would like bill payment features added to your First OnLine service, please contact one of our Personal Bankers. A review of your credit record with us and/or credit bureaus may be required.
In order to use the bill payment features of First OnLine, you must designate merchants that you want to pay. However, you are not permitted to designate any governmental agency or court unless we otherwise agree in writing. Also, we have the right to refuse to allow you to designate any particular merchant or class of merchants.
You will have to give us any account numbers or other identifying information that we or a merchant need so that your payments can be properly credited. If any account number or identifying information changes, or if you want to add merchants or other accounts with us, you must provide us with such changes.
You, or someone you have authorized by giving them your First OnLine Account UersID and password or other means of access (even if that person exceeds their authority), can instruct us to perform the following transactions:
- Make individual payments or preauthorized recurring payments from an Internet Bill Pay Account to merchants you have designated in accordance with this agreement;
- Transfer funds between your qualifying accounts to the extent authorized;
- Obtain information that we make available about your qualifying accounts including balance and transaction information; and
Obtain other services or perform other transactions that we authorize.
Limits on Internet Transactions
You must have enough available money or credit in any account from which you instruct us to make a payment or transfer. For security reasons, we may, from time to time, implement limits on the number or amount of transactions you can make using our Internet Bill Pay service. If any of your qualifying accounts are money market deposit accounts or savings deposit accounts, certain types of withdrawals from those accounts, including payments and transfers, are limited to a total of no more than 6 in any monthly statement period. The kinds of withdrawals covered by this limitation are those made by means of preauthorized or automatic transfers and payments or telephone agreement, order or instruction. No withdrawals payable to third parties may be made from a savings account.
Charges for Electronic Transfers
There will be no charge for the basic features of First OnLine, including transfers between First National Bank of Rochelle accounts that may be set up for this service.
When Internet Bill Pay Payments and Transfers Are Made
Payments and transfers are not final at the time we receive your instructions, but we will begin to process them promptly. You should allow at least 6 business days for merchants to receive your payments. We will send them electronically, by mail, or by some other means.
Each payment or transfer will be posted to the accounts with us that are involved in the transaction. Transfers will be completed on the transfer date if completed before 6:00 pm. Transfers after 6:00 pm will be posted the following day. Bill payments will usually be charged to your internet bill payment account two business days after the transmit date. Each payment or transfer you initiate on a non-business day will be considered initiated on the following business day.
Information you obtain about your accounts using our First OnLine service may not reflect transactions that have not yet been posted to your accounts. You should keep that in mind when you perform or attempt to perform any transactions on the basis of such information.
Our Liability for Failure to Complete Payments or Transfers
- If we do not complete a payment or transfer on time or in the correct amount, subject to all other terms of this agreement, we will be liable for your out of pocket losses. However, there are exceptions. We will NOT be liable, for instance:
- If, through no fault of ours, you do not have enough available money in the account from which a payment or transfer is to be made, or if the account has been closed or is not in good standing, or if we reverse a payment or transfer because of insufficient funds.
- If any payment or transfer would go over the credit limit of any account.
- If your equipment or ours was not working properly and that would have been apparent to a reasonably prudent person when you attempted to conduct the transaction.
- If you have not given us complete, correct, or current account numbers or other identifying information so that we or a merchant or other institution can properly credit your account or otherwise complete the transaction.
- If you do not properly follow our instructions or if you provide us with wrong or inaccurate information or fail to correct or tell us about any inaccuracy of which you are aware.
- If you receive notice from a merchant or other institution that any payment or transfer you have made remains unpaid or has not been completed, and you fail to notify us promptly of that fact.
- If the merchant was a payee that you are not permitted to designate as a merchant (see “Designating Merchants” above).
- If you do not instruct us soon enough for your payment or transfer to be received and credited by the time it is due.
- If a merchant or other institution (other than us) does not process your payment or transfer promptly or correctly.
- If the money in the account from which a payment or transfer is to be made is subject to legal process or other claim restricting the transaction.
If circumstances or persons beyond our control prevent, delay, intercept, or alter the transaction, despite reasonable precautions that we have taken.
Our First OnLine service is generally available 24 hours a day, 7 days a week. However, our business days are Monday through Friday. Holidays are not included. Any regular system maintenance is generally done on Sunday morning between 1:00 am and 6:00 am. This may require the internet banking system be down for short periods of time.
Stopping or Changing Payments and Transfers
If you want to stop or change individual payments or transfers or preauthorized recurring payments or transfers you have instructed us to make, you must notify us before we have started processing the transaction. The normal way to do this is for you to access the appropriate function in our First OnLine service on the day before the business day the payment or transfer is scheduled to be made, and either delete it or make the change. You may also call us at 1-800-570-8506 or (815) 562-5571 or write to us at First National Bank of Rochelle, P.O. Box 49, Rochelle, Illinois, 61068. If you call or write, you must do this in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing on paper and get it to us within 14 days after you call.
If you order us to stop a preauthorized recurring payment or transfer as described above, and we do not do so, we will be liable for your losses or damages.
Your First OnLine payments and transfers will be shown on the monthly statements we provide or make accessible to you for your First OnLine Accounts. Your Internet Bill Payment account(s) will be included with these statements. We may also provide or make accessible to you statement information electronically or by some other means. You agree to notify us promptly if you change your address or if you believe there are any errors or unauthorized transactions on any statement, or statement information.
Notice of Incomplete Transactions
You agree to notify us promptly if you receive notice from a merchant or other institution that a payment or transfer you made through our Internet Bill Pay service has not been completed or remains unpaid.
Foreign Country Transactions
If you use our Internet Bill Pay service to perform a transaction in a foreign country, the transaction may be in a foreign currency. We will post the transaction in U.S. dollars based on the exchange rate in effect on the day we settle the transaction. The currency exchange rate may be different on that day than on the day you scheduled or performed the transaction or the day we processed the transaction. There may be special currency exchange charges. This may result in your account being posted for a greater or lesser amount than the original amount of the transaction.
DISCLOSURE OF INFORMATION TO OTHERS
We will disclose information to third parties about your Internet Bill Pay and other accounts and payments with us ONLY:
- Where it is necessary to complete transactions;
- In order to verify the existence and condition of these accounts for someone, such as a credit bureau or merchant;
- In order to comply with any legal process such as governmental agency or court orders;
- To protect or enforce our rights;
- If you give us your written permission (which may be by electronic or telecommunications transmission as well as on paper); or
In response to a request from any bank or other company that is affiliated with us.
You are responsible for all transactions that you or any of you make or authorize, even if the person you authorize exceeds their authority. If you have given someone your First OnLine UserID and password or other means of access, you have then authorized that person to access your First OnLine accounts. If you want to terminate that person’s authority, you must notify us that transactions by such a person are no longer authorized. We may have to change your UserID and password or other means of access or take additional steps to prevent further access by such person.
If you believe your First OnLine customer UserID and password or other means of access have been lost or stolen, and you tell us within 2 business days after you learn of the loss or theft, you can lose no more than $50.00 if someone used them without your authority.
If you do NOT tell us within 2 business days after you learn of the loss or theft of your First OnLine UserID and password or other means of access, and we can prove that we could have stopped someone from using them without your authority if you had told us, you could lose as much as $500.00.
Also, if your statement shows payments or transfers covered by this agreement that you did not make or authorize, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.
If a good reason (such as a long trip or hospital stay) kept you from telling us, we will extend the time periods.
If we complete a payment or transfer that you make or authorize and we subsequently learn that you have insufficient funds for the transaction, you agree that we may reverse the transaction or offset the shortage with funds from any account you have with us. In any case, you are fully obligated to us to provide sufficient funds for any payments or transfers you make or authorize.
UNAUTHORIZED TRANSACTIONS OR LOSS OR THEFT OF YOUR INTERNET BILL PAY CUSTOMER IDENTIFICATION NUMBER OR PASSWORD
If you believe your First OnLine UserID or password or other means of access has been lost or stolen or that someone has used them without your authorization, call us at (800) 570-8506 or (815) 562-5571 during regular business hours or write to us at First National Bank of Rochelle, P.O. Box 49, Rochelle, Illinois, 61068. Quickly telephoning us is the best way of reducing your possible losses. DO NOT use a general E-mail service or other electronic means of notifying us.
IN CASE OF ERRORS OR QUESTIONS ABOUT TRANSACTIONS COVERED BY THIS AGREEMENT
Call us at (800) 570-8506 or (815) 562-5571 as soon as you can, if you think your statement is wrong or if you need more information about a transfer or payment covered by this agreement which is listed on the statement. You may also write to us at The First National Bank of Rochelle, P.O. Box 49, Rochelle, Illinois, 61068. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
- Tell us your name and account number (if any).
Describe the error, payment or transfer you are unsure about, and explain as clearly as you can why you believe it is an error and why you need more information.
Tell us the dollar amount of the suspected error.
- If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
- We will tell you the results of our investigation within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will recredit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it in 10 business days, we may not re-credit your account.
If we decide that there was no error, we will send you a written explanation within 3 business days after we finish our investigation.
You may ask for copies of the documents that we used in our investigation.
Changing Terms and Terminating This Account
We have the right to terminate this agreement at any time. We will ordinarily send you notice of any termination, but we are not required to do so unless applicable law requires such notice. Once we terminate this agreement, no further transfers or payments will be made, including but not limited to any payments or transfers scheduled in advance or any preauthorized recurring payments or transfers.
We also have the right to make changes in this agreement at any time. We will comply with any notice requirements under applicable law for such changes. If applicable law does not specify any notice requirements for the change, we will decide what kind of notice (if any) we will give you and the method of providing any such notice.
You may also terminate this agreement at any time by notifying us in a signed paper writing. However any instructions from you to make payments or transfers will continue in effect until we have received such written notice of termination and have had a reasonable opportunity to act upon it. Once we have acted upon your notice, no further transfers or payments will be made, including but not limited to any payments or transfers scheduled in advance or any preauthorized recurring payments or transfers. Any such termination by you applies only to our First OnLine service and does not terminate any other accounts or services you may have with us.
The provisions of this “Joint Accounts” section apply if your First OnLine Accounts with us are joint accounts. Each of you is jointly and severally obligated under this agreement. Each of you acting alone may perform transactions, obtain information, stop or change payments or transfers, terminate this agreement or otherwise transact business, take actions or perform under this agreement. We are not required to obtain the consent of, or notify, any other of you. However, each of you will only be permitted to access accounts for which you are an owner or authorized user.
Each of you individually releases us from any liability and agrees not to make any claim or bring any action against us for honoring or allowing any actions or transactions where the person performing the action or transaction is one of you or is otherwise authorized to use your First OnLine Account. Each of you agrees to indemnify us and hold us harmless from and against any and all liability (including but not limited to reasonable attorney fees) arising from any such claims or actions.
Notices and Communications
Except as otherwise provided in this agreement, all notices required to be sent to you will be effective when we mail or deliver them to the last known address that we have for you in our records or when we make such notices available to you through our Internet banking services or at the last known e-mail address that we have for you in our records. Notice to one joint account owner or Internet Bill Pay customer will be effective for all of you. You agree that we may send or provide by electronic communication any notice, communication, or disclosure required to be provided orally or in writing to you.
Notices from you to us will be effective upon our receipt of such notices. You agree to provide prompt written paper confirmation of any verbal notice or communication which this agreement permits you to make to us. You may not give notice to us through electronic means.
Law that Applies
Regardless of where you live or work or where you access our First OnLine service, this agreement is subject to the laws of the State of Illinois and the laws of the United States of America. If any of the terms of this agreement cannot be legally enforced, they will be considered changed to the extent necessary to comply with applicable law.